CRPD/C/18/D/22/2014
prosecution of the suspected authors of the crime, has become a cause of revictimization
and amounts to psychological torture and/or ill-treatment. 31 For those reasons, the
Committee finds that, in the circumstances of the present case, the State party has violated
articles 15 of the Convention.
8.7
As regards the author’s complaint under article 17 of the Convention, the Committee
recalls that every person with disabilities has a right to respect for his or her physical and
mental integrity on an equal basis with others. The right to integrity of the person is based
on what it means to be a person; it is linked to the idea of human dignity and each person’s
physical and mental space should be protected; it includes the prohibition of physical and
mental torture, inhuman and degrading treatment and punishment, as well as a wide range
of less grave forms of interference with a person’s body and mind. The violent acts suffered
by the author clearly fall within the category of acts that violate the affected person’s
physical and mental integrity. The Committee also recalls that, in accordance with article 4
of the Convention, States parties have the general obligation to take all necessary measures
to ensure and promote the full realization of all human rights, including the right to
integrity of the person. In the present case, the State party has not taken any measures to
prevent and punish the acts suffered by the author and to support him so that he can live
independently again after the loss of his arm. Furthermore, to date, the author’s case
remains in total impunity. Consequently, the Committee considers that the failure by the
State party to take all necessary measures to prevent acts of violence similar to those
suffered by the author and to efficiently investigate and punish those acts in the author’s
case amount to a violation of the author’s rights under article 17, read in conjunction with
article 4, of the Convention.
C.
Conclusion and recommendations
9.
The Committee, acting under article 5 of the Optional Protocol, is of the view that
the State party has failed to fulfil its obligations under articles 5, 15 and 17, read in
conjunction with article 4, of the Convention. The Committee therefore makes the
following recommendations to the State party:
(a)
Concerning the author, the State party is under an obligation to:
(i)
Provide him with an effective remedy, including compensation, redress for
the abuses suffered, and the support necessary to enable him to live independently
again;
(ii)
Conduct an impartial, speedy and effective investigation into the attack that
he suffered, and to prosecute the perpetrators;
(iii) Publish the present Views and circulate them widely in accessible formats so
that they are available to all sectors of the population.
(b)
In general, the State party is under an obligation to take measures to
prevent similar violations in the future. In this regard, the Committee refers to the
recommendations made by the Independent Expert on the enjoyment of human rights by
persons with albinism32 and requires the State party to:
(i)
Review and adapt legal frameworks as needed to ensure that they encompass
all aspects of attacks against persons with albinism, including with regard to
trafficking of body parts;
(ii)
Ensure prompt investigation and prosecution of cases of attacks against
persons with albinism as well as trafficking of body parts;
(iii) Ensure that the practice of using body parts for witchcraft-related practices is
adequately and unambiguously criminalized in domestic legislation;
31
32
10
See, for example, Human Rights Committee, communication No. 1956/2010, Durić and Durić v.
Bosnia and Herzegovina, Views adopted on 16 July 2014, paras. 9.6-9.7; and Yrusta and del Valle
Yrusta v. Argentina, para. 10.8.
See A/HRC/34/59, paras. 97-99.